(a) Any person adversely affected by an order entered by the
board is entitled to a hearing. A hearing on a statement of the
charges shall be held in accordance with the provisions for
hearings set forth in article one of this chapter and the
procedures specified by the board by rule.

(b) Either party may elect to have an administrative law judge
or hearing examiner conduct the hearing and must notify the other
party of the election. The administrative law judge or hearing
examiner, at the conclusion of a hearing, shall prepare a proposed
order which shall contain findings of fact and conclusions of law.
Disciplinary action may be a part of the proposed order, or the
board may reserve this obligation for its consideration. The
board may accept, reject or modify the decision of the
administrative law judge or hearing examiner.

(c) For the purpose of conducting a hearing, a member of the
board or the executive director of the board may issue subpoenas
and subpoenas duces tecum which shall be issued, served, and
enforced as specified in section one, article five, chapter
twenty-nine-a of this code, and all of the said section one
provisions dealing with subpoenas and subpoenas duces tecum shall
apply to subpoenas and subpoenas duces tecum issued for the purpose
of a hearing hereunder.

(d) If, after a hearing, the board determines the licensee or
permittee has violated any provision of this article, or the board's rules, a formal decision shall be prepared and signed by a
member of the board or the executive director of the board, which
contains findings of fact, conclusions of law and specifically
lists the disciplinary actions imposed.

(e) Any licensee or permittee adversely affected by any
decision of the board entered after a hearing, may obtain judicial
review of the decision in accordance with section four, article
five, chapter twenty-nine-a of this code, and may appeal any ruling
resulting from judicial review in accordance with article five,
chapter twenty-nine-a of this code.

(f) In addition to any other sanction imposed, the board may
require a licensee or permittee to pay the costs of the proceeding.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.